A Notary Public is presented with a document for a jurat. The signer is unable to sign due to a physical disability. The signer has designated an attorney-in-fact via a power of attorney to sign on their behalf. What action should the Notary Public take?
- AInstruct the signer to make a mark ('X') and have two disinterested witnesses attest to it.
- BRefuse to perform the jurat, as the signer must personally sign.
- CAllow the attorney-in-fact to sign, but identify both the principal and the attorney-in-fact.
- DAllow the attorney-in-fact to sign, identifying the attorney-in-fact.
Show answer & explanationAnswer & explanation
Correct answer: B. Refuse to perform the jurat, as the signer must personally sign.
For a jurat, the individual who takes the oath or affirmation must be the same individual who personally signs the document in the Notary's presence. A power of attorney does not allow an attorney-in-fact to take an oath or affirmation on behalf of the principal for a jurat, nor to sign the document for the principal for a jurat, even if they can sign other documents on their behalf.
Why the other options are wrong
- A. While making a mark is an option for signers unable to physically write their name, the question states an attorney-in-fact is present, and the core issue is that the principal is not signing, and the attorney-in-fact cannot take the oath for the principal.
- C. Identifying both does not overcome the requirement that the signer of the document must be the one taking the oath.
- D. An attorney-in-fact cannot take an oath or affirmation on behalf of the principal for a jurat.
Jurat - Personal Appearance & Signature
For a jurat, the individual taking the oath or affirmation must be the same individual who personally signs the document in the Notary Public's presence. An attorney-in-fact cannot sign on behalf of another for a jurat.
- Signer must personally appear.
- Signer must personally take the oath/affirmation.
- Signer must personally sign the document for the jurat.
- Power of attorney is not applicable for jurats.
Memory trick: Oath, hand, and name, all the same, or it's a jurat game of shame!